SHIV KUMAR RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD, Shri Arun Kochar, counsel for the applicant and Shri praveen Das, Dy. Govt. Advocate for the State.

(2.) THE accused/applicant has preferred this bail application under Section 439 of the Cr. P. C. for releasing him on regular bail in Crime No. 130/2007, Police Station vishrampur, Distt. Surajpur, for offence punishable under Sections 420 read with section 34 of the Indian Penal Code.

(3.) CASE of the prosecution is that wife of the accused/applicant namely Shakuntala rathore has a piece of land ad-measuring 0. 5 decimal at Kunj Nagar, Vishrampur and house has been constructed over the said land. On 4. 3. 2006 Shakuntala Rathore entered into an agreement for sale of the same with complainant Bal Kunwar and amount of Rs. 4,07,000/- was paid to her by the complainant and remaining amount of Rs. 93,000/- was to be paid. Later on, when complainant namely, Bal Kunwar went to shakuntala Rathore and present accused/ applicant (husband of Shakuntala Rathore)and approached them for transferring the house in the name of complainant, they refused and saying that the stamp on which agreement was written it very old. Then, the complainant lodged the complaint on which after investigation charge-sheet has been filed against applicant and his wife.